By Donald WittkowskiA petition drive for a public referendum that would have given voters the final say on Ocean City’s $9 million purchase of a large tract of land failed to collect enough valid signatures, the city clerk ruled Wednesday.However, the group that organized the petition drive disputed the clerk’s findings and said it will consult with its attorneys for a possible court fight to keep the referendum effort alive.“We’re willing to do everything it takes,” said Dave Hayes, president of Fairness In Taxes, a local government watchdog group.FIT submitted a petition to the City Clerk’s Office on Tuesday to stop the city from buying a nearly full block of property for $9 million. Arguing that the city is overpaying for the land, FIT wants voters to decide in a referendum whether the deal should be completed.City Council and Mayor Jay Gillian have stated the property deal would benefit the community by preserving the land for public use. The alternative could be 29 coastal cottages, a type of densely packed housing construction that city officials warn would add to the town’s overdevelopment.After spending all day Wednesday certifying the signatures on FIT’s petition, City Clerk Melissa Rasner ruled that 399 of them were valid, far short of the 597 she said were needed for a referendum under state law.“The number of qualifying signatures does not meet the sufficient number of signatures,” she wrote in a one-page letter to Hayes. https://ocnjdaily.com/wp-content/uploads/2018/10/clerks-letter.pdfRasner said the petition required valid signatures from at least 15 percent of the 3,980 total voters in Ocean City who cast ballots in the Nov. 7, 2017, election for the state Assembly.FIT, however, believes the petition drive needed valid signatures from 10 percent of the voters in Ocean City’s municipal election last May. Under that threshold, about 400 valid signatures would have been needed for a referendum, Hayes said.“So it is our position that what we did was legal and in accordance with New Jersey state law,” he said. “We’re referring it to our lawyers.”Fairness In Taxes President Dave Hayes, left, and Vice President Dave Breeden hand in the petition to Ocean City Clerk Melissa Rasner on Tuesday. (Courtesy Dave Hayes)Hayes said FIT was not surprised that the city interpreted the law to require the petition to have a higher number of signatures to put a referendum on the ballot.“To be honest, we expected this,” he said. “This is a big thing for them.”The city has a tentative agreement to buy a tract of land, nearly a full block, bordered by Simpson and Haven avenues between 16th and 17th streets. The site is where the former Ocean City Chevrolet dealership once stood before going out of business in January.City officials envision the property to be a centerpiece of a “public corridor” connecting Emil Palmer Field with the Ocean City Community Center and the Ocean City Intermediate School from 15th Street to 20th Street. They have also mentioned the possibility of using the land as the site for a new police station.Two independent city property appraisals were conducted on the land, with one valuing the site at $8.3 million and the other at $9 million.The owners of the property, brothers Jerry and Harry Klause, have said they are sticking to their $9 million asking price. Jerry Klause told City Council at its Sept. 27 meeting that his family wants to sell the land to the city for public use, but is willing to consider offers from housing developers.Klause said he has approval to build 29 coastal cottages on the site. The mayor and members of Council have made it clear they don’t want high-density housing construction, such as coastal cottages, built on the land because the city is already struggling with overdevelopment.Mayor Jay Gillian believes a referendum would possibly kill the land deal altogether.Gillian, who argued a referendum would delay or kill the deal, wants to buy the property now to avoid getting bogged down in a possible bidding war with housing developers over the land.“It remains my belief that if voters believe in preserving this city block for public use, they should not sign the petition seeking a public vote,” Gillian said in a statement last week. “Our tentative sales agreement expires Oct. 31. After that date, the property can and likely will be developed.”On Wednesday, the mayor issued another public statement saying that the city clerk notified FIT that the petition “includes an insufficient number of signatures under the state law that allows voters to reject municipal ordinances.” Gillian attached a copy of Rasner’s letter to Hayes with his statement.FIT has said it is not opposed to the city buying the land for public use, but believes the $9 million price tag is between $2.5 million and $3 million too high.“We feel it is a great piece of property, but we don’t agree with the appraisals. I guess what made us do this petition came over the last City Council meetings,” Hayes explained. “We stood up and said there are problems with these appraisals and you should take a look at this and pump the brakes a little bit.” After City Council approved a bond ordinance in September to finance the purchase, FIT responded with its petition drive. Tuesday was the deadline for submitting the petition.“I think the good thing about this is, we didn’t do it to win or lose. We did it because we thought it was the right thing to do,” Hayes said.In recent weeks, Hayes and other FIT members have appeared during City Council meetings to express their concerns about the property deal. Hayes said they plan to attend the Council meeting 7 p.m. Thursday, but he indicated they probably won’t speak about the petition during the public comment portion.“We think it speaks for itself,” he said of the petition. “We think the community has spoken, too.”Empty land behind the former auto dealership property at 16th Street and Simpson Avenue is also being eyed by the city for public use. A now-closed Chevrolet auto dealership at 16th Street and Simpson Avenue is the centerpiece of a nearly block of land the city sought to acquire.
Delice de France (Southall, Middlesex) has launched several new festive products.Iced Fruit Cake Slice is topped with white icing. Individually wrapped, this Christmas cake is aimed at hotels, coffee shops, sandwich bars and buffets.Also new this season is Mini Butter Shortbread Stars with Chocolate Chips – a rich all-butter shortbread, studded with milk chocolate chips. Meanwhile, new Fruited Flapjacks contain raisins, sultanas, cherries and spices.Two new breads have also been added to the Delice de France Christmas range. The Cranberry and Rosemary Loaf is a rustic gourmet loaf. Intended as a ‘tear-and-share’ bread for restaurants, hotels and gastro pubs, it is also an option for sandwich bars as a seasonal variety of sandwich bread, says Delice.The company has also unveiled Mini Mixed Pain Bagnet – a range of continental fully baked rolls made with sourdough and olive oil. This selection is particularly suited to Christmas functions.
The online education programme will be available from early 2019, with the discussion groups to follow and MOJ will work with partners to increase awareness amongst practising legal professionals.The initiative builds on our £1 billion investment to reform our courts service, to modernise processes and improving the environment and working conditions for those who work within it, including judges.Notes to editors government to fund new judicial education programme support from Judiciary, Judicial College and legal professional bodies online education platform for potential candidates targeted support for underrepresented groups MOJ funding will amount to an estimate of £152,000 over three years. The total cost of the programme will be approximately £300,000 including contributory costs from partners. Lord Kakkar, Chairman of the Judicial Appointments Commission and the Judicial Diversity Forum, said: The Commission warmly welcomes this initiative which will give candidates from the widest range of backgrounds the opportunity to better understand, prepare and develop themselves for a future judicial role. We look forward to reporting on its impact in future years and hope that it will encourage talented candidates from underrepresented groups to consider applying for judicial appointment at the right stage in their career. Lord Chief Justice, Lord Burnett of Maldon said: Becoming a judge is a crucial form of public service at the very heart of our society. From my time as a solicitor I know there are excellent candidates from right across the legal profession, and we want to make it easier for people from all backgrounds to aspire to these roles. We have seen improvement in diversity in recent years, and it is clear that widening the talent pool from which judges are drawn can only make our world-renowned justice system even stronger. I am committed to working to further improve judicial diversity. This programme of work is an important opportunity to offer practical assistance to underrepresented groups. I hope that this scheme, which the judiciary and particularly the Judicial College is taking a leading role in devising and delivering, will widen the pool of applicants to ensure that the best candidates, from a wide range of backgrounds, apply for judicial posts. Talented people from all backgrounds across the legal profession will be given greater support to apply to become a judge, Lord Chancellor David Gauke announced today (25 April 2018).A new online learning platform will enable candidates from all legal backgrounds to develop their understanding of the role and skills required of a judge, and how their legal experience has prepared them for judicial office, prior to making an application.The Pre-Application Judicial Education (PAJE) programme is a joint initiative from the Judicial Diversity Forum, which is made up of MOJ, Judiciary, Judicial Appointments Commission, Bar Council, Law Society and Chartered Institute of Legal Executives and coordinates action to remove barriers to candidates from underrepresented groups applying to be judges.Additional, targeted support will be available to those applicants from groups that are underrepresented in the judiciary via discussion sessions led by judges. This will give potential candidates insight into the realities of the role and offer an opportunity to address any perceptions they may have on barriers to judicial office.Development of the programme will be funded by the MOJ, with Forum partners contributing to further running costs.PAJE is the first initiative delivered jointly by all members of the Judicial Diversity Forum and partners will continue to work together on actions to drive diversity.Lord Chancellor, David Gauke said: Places on the discussion sessions will be available by application, details will be available in early 2019. Preference will be given to applicants from underrepresented groups; women lawyers, BAME lawyers, lawyers with disabilities and those from a non-barrister professional background (including solicitors and chartered legal executives). For more information contact the MOJ press office on 02033340185
Coming from the small central New York town of Oneonta, Greg Ellis rose to the top as one of the most well-known and forward-thinking lighting designers in the music industry. You probably know him best from his work with Pretty Lights, but what you might not know is what Greg Ellis does when he’s not busy lighting up the amazing Derek Vincent Smith. Greg began his career in the music industry as the house lighting designer for the historic Toad’s Place in New Haven, Connecticut back in the early 2000’s. After doing that for several years, he received a call from his life-long friend (and current Production Manager and Front of House audio engineer of Pretty Lights) Phil Salvaggio to come out to Colorado in 2008 and work with Pretty Lights who was on the verge of taking off in his career. Greg packed up his car, headed west, and the rest is history.Having worked with Pretty Lights for nearly 10 years now, Greg has lit up some of the most historic venues in the U.S., including their nine annual trips to the renowned Red Rocks Amphitheater in Morrison, CO. Now, he’s taking his production game to the ultimate next level with The Phoebus Cartel, a Visual Design group focusing on concert design, content creation, and live performance.This week, Greg Ellis will bring his production talents to Colorado for a blowout show at the legendary Fillmore Auditorium in Denver, CO on Friday, January 26th. Euphonic Conceptions and Live Nation have teamed up to present Re:Creation, featuring Michal Menert and the Pretty Fantastics, Breaking Biscuits (Break Science w/ Marc Brownstein & Aron Magner of the Disco Biscuits), Late Night Radio (Live), Eliot Lipp, Dynohunter, and Unlimited Gravity (tix available here). Following this, he will be on the road with Break Science for their entire five-day Winter Tour. Some of these shows will take place in venues as small as a 300-person capacity, allowing for some of the most intimate shows the “Lazer Shark” has performed in nearly a decade. Here is what Greg Ellis had to say about his upcoming performances.L4LM: How did you come about with getting involved with the Re:creation show?Ellis: There were some other projects that weren’t able to come to fruition and this kinda popped up in the last couple weeks and the timing just happened to work out. The whole thing fell into place sort of magically. I’ve got a good rapport with those guys…Menert and I have worked together a couple of times, same with Break Science and the Disco Biscuit guys, Elliot Lipp, etc.. It’s going to be just like a family reunion.L4LM: Will you be doing production for all the artists on the bill? What can the attendees of these shows expect from you as far as production goes?Ellis: I’m gonna do it for everybody. I plan on lighting the whole night up!L4LM: Having worked with Pretty Lights for nearly a decade, what is it like from going from working with one artist for a such an extended amount of time to doing a show with multiple artists whom you haven’t had as much experience in working with?Ellis: Having been the house lighting designer for Toad’s Place for four years, I come from a background of doing lights for a different band and different styles of music every night. It’s easy for me to come into a situation like this, but at the same time this is a pretty high-profile gig with a bunch of different acts and I haven’t been in Denver in years. I put a lot of pressure on myself to rise to the occasion.L4LM: What can fans expect at this show? Will you be doing any video production or sticking to more of a traditional lasers and lights set up?Ellis: This show will be just lasers and lights. The video production would take up a lot of real estate and with so many acts performing, it would be a logistical nightmare. Using just lasers and lights, I can create a different aesthetic from set to set and really try to match moods a little bit more.L4LM: In regards to the Break Science tour, you did production for two shows with them in November, but how will that compare to doing five days straight with them all around Colorado?Ellis: That run is going to be crazy, I can’t tell you the last time I’ve done lights in these smaller rooms. That shit is going to be wild. It’s going to be a lot of fun! I’ve put together a pretty different set up from what people are used to seeing from me. I’m taking a very different approach to these shows. I’m putting a good amount of time programming and developing some new ideas so I can at the very least have some conceptual overtones throughout the run.Perhaps one of the biggest changes in the life of Greg Ellis comes from the inception of his new design firm, The Phoebus Cartel. Around a year and a half ago, Derek Vincent Smith sat down with Ellis in New Orleans and the pair began working on the possibilities of integrating analog-based visuals to match the often-times analog-based music.L4LM: You’ve said before that some of your early inspirations as a lighting designer came from Chris Kuroda (Phish) & Andy Walton (Radiohead), is there anyone that inspires you now that you’re heading into uncharted territories in dealing with analog-based visuals?Ellis: Because it’s such uncharted territory, some of the inspiration comes from the unknown. For me it’s been an interesting process because I’ve kind of just gone into it with a clean and unaffected mind between what is and isn’t possible. I’m taking things from the 80’s and 90’s and merging them with cutting edge technology and it’s creating opportunities that a lot of people maybe are afraid to venture down.L4LM: What sort of projects does the Phoebus Cartel have coming up that the people can check out?Ellis: Well I recently performed a show mostly to get the name out there in Atlanta at Aisle 5. I just wrapped up with creating a music video for the guys in Kung Fu, working on one for Break Science, and another video for a collab track with Marvel Years and Maddy O’Neal.L4LM: Are there any new technologies coming out now that you think will revolutionize the concert experience?Ellis: From a technology standpoint, virtual reality is a big thing. It’s starting to take off from a performance standpoint. I’ll be curious to see where that goes. I personally don’t know if there’s a place in it for my artistry or not yet. I feel like one of the most important things to me is the interconnectedness between everything–whether it be the people the venue, the band, myself, the crew. The communal aspect of live music is what makes it so special. Let’s be honest here, a virtual reality is kind of the polar opposite of that.L4LM: What about your work with Pretty Lights?Ellis: The stuff that he’s (Derek Vincent Smith) working on for his next album, which don’t even ask me when it’s coming out because I don’t have an answer…One of the highlights of one of the songs that’s been released is this line, “Human energy is a form of light”, which I took that concept and ran with it this past year. In essence, all the analog synthesis stuff gave me the ability to affect the live camera feed. It was a physical representation of that concept, taking their bodies and their energy on stage and literally turning it into an abstract light show. Had Derek not handed me that piece of equipment a year and a half ago, that never would have been possible. It was one of those things where the stars aligned, it just kind of naturally happened.L4LM: What would be your ideal show to do production?Ellis: I won’t rest until I do a headlining show at MSG, that’s the dream. Being a kid from New York, seeing several shows there, that’s the mecca. Madison Square Garden, that’s the dream venue.Greg Ellis is a self-proclaimed workaholic, and with all that he has going on the title is well deserved. 2018 is shaping up to be a huge year for the Lazer Shark and his new design firm The Phoebus Cartel. Be sure to check out his work as he makes his return to Colorado next week for the upcoming RE:CREATION show at the Fillmore Auditorium with Michal Menert & The Pretty Fantastics, Breaking Biscuits, Late Night Radio Live Band, Eliot Lipp, Dynohunter, and Unlimited Gravity on Friday, January 26 (tix available here).[article photos: Cait Falc Photography from PL NYE)[cover photo: Taylor Wallace (Alive Coverage) from the Phoebus Cartel Aisle 5 show]
Dr. Jeffrey Luppes, assistant professor of German at Indiana University South Bend (IUSB), delivered a lecture Wednesday afternoon titled “German Wartime Suffering and the Holocaust in Postwar Memory.” The lecture was presented as part of the “Germany’s Confrontation with the Holocaust in a Global Context” exhibition. Chris Collins Jeffery Luppes, assistant professor of German at Indiana University South Bend, delivers a lecture inDeBartolo Hall on German wartime suffering and the experiences of German evacuees after the war. At the end and after the conclusion of World War II, the victorious Allied powers forced approximately 12 million Germans to leave their homelands in Central and Eastern Europe and move to the territory that is now Germany, Luppes said. “In the events that have become known as flight and expulsion, millions of Germans were evacuated by order of the Nazis or fled westward on their own accord before the war’s end and then were not allowed to return home,” he said. “Large numbers were driven out by vengeful local partisans during the ‘wild’ expulsions in the late spring and early summer of 1945. Innumerable others were forced to relocate as a result of border settlements and the population transfer decreed by the Allies at Potsdam in August of that year.” The precise number of deaths resulting from violent confrontation, diseases, malnourishment and exposure during the expulsion has been politicized and controversial for decades, Luppes said. “Informed guesses range from several hundred thousand to two million,” he said. The survivors and their descendants are referred to as “expellees,” Luppes said. Of the survivors, around eight million settled in West Germany, making up slightly more than 16 percent of the total population. “The roughly four million newly-arrived expellees in East Germany comprised just under a quarter of the population,” he said. In the late 1990s and early part of the 21st century, Luppes said, non-Jewish German experiences of World War II and its aftermath became a topic of public discourse in a way that was “hitherto unseen in reunited Germany.”“Unleashing the societal discussions were some leading literary and cultural figures who probed postwar German responses to the war or who explored subjects and framed their findings in ways long considered improper in light of the Holocaust,” Luppes said. “A number of documentaries airing in prime time, popular TV miniseries and highly visible cover stories on national magazines reignited … the debate,” he said. Much of the discussions on representations of German wartime suffering centered on if, and why, the topic of Germans as victims had been taboo, Luppes said, and how best to commemorate German wartime suffering without overshadowing the Nazi war crimes.“You might wonder what a talk about non-Jewish German victims has to do with a lecture series called ‘Remembrance: The Holocaust in Global Context.’ When it comes to this expansive and contentious topic, it seems that remembrance of German wartime suffering has been inextricably linked to the Holocaust — even more, one might even say it has been in direct competition. Discourses on German victimhood, particularly the suffering of the expellees, have existed and persisted throughout the postwar era, Luppes said. “Indeed, the topic ‘flight and expulsion’ has been a constitutive part of national narratives, on the political agenda at all levels and publicly commemorated in every decade after the war,” he said.Luppes said it can be argued in many ways that the expellees were “primus inter pares,” or first among equals, in comparison to the victims of World War II in Germany, especially for the first quarter-century after the war. “Therefore, although narratives of German wartime suffering have varied in tone and resonance over the course of the postwar era, the topic has never been taboo, at least in the sense that assertions of German victimhood were nonexistent or disallowed,” he said.A subtitle for Luppes’ lecture could be “From consensus to contestation,” he said. “And by that I mean, for the first 25 years after World War II and beyond, German victimhood occupied the largest place in German memory. It was a consensus,” he said. “Postwar memory in Germany tends to crowd out competing narratives. Indeed, not until the 1970s and early 1980s was the Holocaust able to squeeze in. This development was extraordinary and remains a significant achievement.”Holocaust-centered historical narratives have not been uncontested, Luppes said. “One could argue that with the explosion of interest in German wartime suffering, the place of the Holocaust in German memory is as tenuous as ever,” he said.Understanding perceptions of German wartime suffering in the postwar era is critical, Luppes said. “You might ask, ‘What is at stake here?’ Well, precisely the conditions that allowed for the prominence of German victimhood in postwar memory were those that prevented public commemoration of the Holocaust on a large scale. If a similar setup were to occur again, memories of Germany’s victims, instead of German victims, could be squeezed out again,” he said.Attitudes on German culpability did not change immediately, Luppes said, and prior to the 1960s discussions of responsibility had facilitated a widespread popularity of the narratives of the past that focused on German victimhood, including those put forward by the expellees. “The Nuremberg trials in the fall of 1945 and the successive trials from 1946 to 1949, as well as the Allies’ broader efforts to de-Nazify German society did little to implicate the rest of the populace,” he said. “Most attribute the beginning of the more widespread readiness to reassess a remembrance of the German past to a series of high-profile criminal trials, starting with the Einsatzgruppen trial in Ulm in 1958, at which the mass killing of Jews in Poland and the Soviet Union was comprehensively presented in public for the first time.”In revealing to the world the totality of the Nazi crimes, Luppes said, the trials played an important didactic role in altering the opinions on the fundamental nature of the Third Reich and challenged West German attitudes on culpability. “Though a distinction must be made between the attitudes of the political class … and the rest of the population, the trials inevitably led to more confrontation with and contemplation about the role played by ordinary Germans in the annihilation of European Jews,” he said. The long-term logistical efforts to accommodate the influx of ethnic German refugees and expellees were considered unparalleled in German history, Luppes said. “In fact, many considered the integration of expellees to be one of the great achievements of the German postwar states,” he said. “The efforts are often referenced today in the discussions about handling the huge numbers of incoming refugees in Germany right now. There are important differences, of course.” Tags: germany, Holocaust, Holocaust Remembrance, Remembrance, World War II
Star Files Toni Braxton to Take on Love for Oprah Broadway alum Toni Braxton is to star as singer Darlene Love in an upcoming bio-pic of the singer. According to Variety, My Name is Love: The Darlene Love Story will air on Oprah’s OWN network in December. Love was featured in the Oscar-winning 20 Feet From Stardom and as previously reported, a Broadway musical adaption of the documentary, produced by Mick Jagger, is also on the cards. Monty Python Announce Retirement Date (Sort Of) Monty Python, who are reuniting this Summer for a number of dates in London, will not take Monty Python Live (mostly) on a world tour owing to individual commitments to other projects. This means that the July 20 show at the O2 arena will probably be the last live performance that John Cleese, Eric Idle, Terry Gilliam, Terry Jones and Michael Palin (Graham Chapman died in 1989) ever play together. Before you reach for the tissues, we’ve put a new video of the madcap Brits below. Always look on the bright side of life! Broadway Boys Get Up Close and Personal Nine of Broadway Bares’ raciest male dancers are set to perform solo stripteases in Broadway Bares: Solo Strips in aid of Broadway Cares/Equity Fights AIDS. Performers including Joshua Michael Brickman, Joshua Buscher, Anthony Rooar DeCarlis, Todd Hanebrink, Vince Oddo, Ricky Schroeder, Michael Scirrotto, Sheldon Tucker and Ryan Worsing will take it off on May 11 at BPM nightclub in New York City. Katie Finneran & Norbert Leo Butz to Play Netflix Hubby & Wife The Michael J. Fox Show may have been canceled earlier this year, but two-time Tony winner Katie Finneran is not leaving the small screen anytime soon. Deadline reports that the Annie and Promises, Promises star has been tapped to appear in an untitled Netflix psychological thriller, which will also feature the previously reported Tony winner Norbert Leo Butz and Sam Shepard. The series revolves around four adult siblings whose scars are revealed when their estranged brother returns home. Finneran will play Butz’s wife, Belle. Tony Nominee Patrick Wilson’s Latest Movie’s Full of Broadway Vets Great White Way alums John Leguizamo, Lynn Collins and Jim Belushi have boarded The Man on Carrion Road, starring the previously reported Tony nominee Patrick Wilson and Ian McShane. According to The Wrap, the movie, penned by Nils Lyew and directed by Gonzalo Lopez-Gallego, tells the tale of a failed Mexican cartel deal in the back roads of a border town. View Comments Here’s a quick roundup of stories you may have missed today. Norbert Leo Butz Katie Finneran
Show Closed This production ended its run on July 19, 2015 Related Shows Star Files Kristin Chenoweth On The Twentieth Century We knew the stars of On the Twentieth Century were bonding, but we didn’t realize they’d gotten this close! On Twitter, Tony winner Kristin Chenoweth posted this adorable photo with her new co-star Peter Gallagher in TOMS’ and Target’s “Together Sweater.” Hey, while you guys are in there, would you mind giving us a few bars of “Who Will Love Me as I Am” from Side Show? Also, do you mind if we call you Daisy and Violet from now on? Check out this adorable snapshot of the twosome getting silly, then see On the Twentieth Century at the American Airlines Theatre beginning February 12, 2015! View Comments
June 15, 2003 Gary Blankenship Senior Editor Regular News Board opposes ABA plan to weaken client confidentiality On another matter, Zack said the ABA would likely address issues relating to the selection of judges. It’s unlikely that merit selection and retention will be expanded, he said, so the ABA is looking at other changes. In light of the recent U.S. Supreme Court ruling that judges running for election can discuss how they would rule on an issue, the ABA is looking at expanding recusal rules, among other options, he said.Other proposals include having judges serve a 15-year term and not be eligible for reappointment; recruiting more minorities into the profession and as judges; providing nonpartisan elections and a nonpolitical appointment and review commission.Zack recently completed serving on the ABA 21st Century Judiciary Committee, that included Robert Sessions, former director of the FBI, and Abner Mikva, White House counsel and a former Texas judge. That report will be presented for adoption at the ABA Annual Meeting this summer in San Francisco. Board opposes ABA plan to weaken client confidentiality Senior EditorA proposed change to the ABA Model Rules that would weaken attorney-client confidentiality has been opposed by The Florida Bar Board of Governors.The board agreed with former Bar Presidents Ben Hill, Florida’s ABA state delegate, and Steve Zack, a member of the ABA House of Delegates, that amendments to Model Rules 1.6(b)(2) and (3) would undermine the values of the legal profession. The board took the unusual step of instructing its delegates to oppose the amendments.The changes, suggested by the ABA Task Force on Corporate Responsibility, were debated by the House two years ago and rejected by four votes, but are expected to again be proposed at the ABA’s August Annual Meeting.Hill sent a letter to the Bar asking the issue to be addressed and Zack appeared at the board’s May 30 meeting to discuss that and other ABA issues.“It is my sincere hope The Florida Bar will continue to oppose adoption of the rule, specifically subparagraphs (b)(2) and (b)(3), which provide that a waiver of the attorney-client privilege may occur under certain circumstances,” Hill wrote. “I do not believe that circumstances are sufficient to warrant a waiver of attorney-client privilege and further that if a waiver is permitted under these circumstances, it can only lead to total distrust between the lawyer and his/her client.“Further, (b)(2) and (b)(3) force the attorney to serve as a ‘policeman or policewoman’ as he or she works with the client.”Zack said the issue was the most significant to come before the House of Delegates since the multidisciplinary practice (MDP) issue several years ago. He said the MDP appeared ready to pass until the Bar took the lead and successfully opposed those changes.“The proposal is an attempt to review the client confidentiality rights and the public’s right to be protected from wrongful acts,” Zack said. “This is not a simple debate, but it’s a necessary debate and whatever you decide, you delegates need to be aware of.”Model Rule 1.6 provides that a lawyer must keep client confidences, except to prevent a death or substantial bodily harm, to comply with a law or court order, if the lawyer needs the information to defend a legal action involving the client, or to ensure compliance with ethical rules.The amendments would add two new subsections, which would allow disclosure:• “To prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer’s services.”• “To prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services.”Zack noted similar amendments are also being proposed to Model Rule 1.13 which would allow a lawyer representing an organization to reveal confidential information if organization officers failed to take action and the lawyer thought it necessary to prevent substantial harm to that organization.Board member Ian Comisky noted the board has already adopted a position opposing such disclosure duties that have been proposed in Securities and Exchange Commission rules that ensued from Enron and other corporate scandals. “We need to stand firmly and unanimously” in opposing the changes to the ABA rules, he said.The board unanimously approved Comisky’s motion to instruct its appointed House delegates to oppose the amendments.Other ABA Issues
NCUA hopes to finalize guidance on its interest-rate risk supervision component in the fourth quarter that will include a revised examiner guide, procedures workbook and answers to frequently asked questions, the agency’s Larry Fazio said during a webinar Thursday.NCUA said supervisory changes likely will not go into effect until January 2017.Fazio, NCUA Director of Examination and Insurance, spoke during the agency’s webinar on IRR supervision and adding an “S” to CAMEL with others from his office, including Owen Cole, director of the division of capital and credit markets, and Senior Capital Market Specialists Tom Fay, Rob Bruneau and John Nilles. NCUA Economist Scott Borger also presented during the webinar.During the webinar, NCUA said a supervision update is necessary to address new IRR and derivatives rule requirements, enhance examiner guidance, reduce inconsistencies and identify outlier risk. The agency said key changes to IRR supervision include the examiner guidance and the risk-tolerance thresholds. The agency will conduct an IRR supervisory test, which would establish four risk categories – low, medium, high and extreme – and would shift its focus towards IRR outliers.Regarding adding an “S” to CAMEL, NCUA said the new IRR supervisory rating will be incorporated into the existing scheme (part of “L” rating) for now. NCUA added that any future CAMELS rating methodology would be issued for public notice and comment and separate liquidity from market risk sensitivity. continue reading » 1SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr
13SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr continue reading » The demise of the “unsinkable” Titanic serves as a timeless lesson to credit unions about potential pitfalls they might not see coming, says Michael Rasmussen, principal of GRC 20/20 Research.Credit union governance, risk, and compliance (GRC) provides a framework for diligently monitoring a multiplicity of influences that could disrupt sound operating models and strategies—an approach that might have prevented one of history’s most famous disasters.“The analogy here is that we are complicated business with many working parts, and their many areas where things can go wrong,” says Rasmussen, who addressed a general session at CUNA’s Governance, Risk Management, and Compliance Leadership Institute in Denver. “We need to see the big picture and the interconnectedness of risk.”The Titanic was hailed as unsinkable; prior to its tragic maiden voyage, captain E.J. Smith stated, “Never in our history have we harnessed such formidable technology.”